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Informist, Friday, Feb. 28, 2025

NEW DELHI – The Supreme Court on Friday set aside the termination of two women judicial officers Sarita Choudhary and Aditi Kumar Sharma in Madhya Pradesh after noting that the action against them was "punitive, arbitrary and therefore illegal". The two women judicial officers are reinstated in their service within fifteen days with all consequential benefits, said the apex court.

The apex court was hearing a suo moto case where six women civil judges were terminated by the Madhya Pradesh government in 2023 on the recommendation of the state high court's administrative committee. Though four of the six judges were reinstated after the top court's intervention, Choudhary and Sharma were not taken back.

In the case of Choudhary, the reasons for her termination in the annual confidential report was that she had not utilised her probation period successfully and satisfactorily and there were complaints against her. For Sharma, the reasoning in report was that there was low disposal of cases by her and there were also some complaints against her.

"Therefore, we are of the view that the impugned terminations herein were by way of punishment as the surrounding circumstances also show that the terminations were, inter alia, founded on the allegations of the complaints of misconduct and 'inefficiency' and were stigmatic in nature," said the court. Even though many of the complaints against these officers may have been closed or resulted in advisories or warnings, they could not have been the basis for their terminations, said the court.

Much like "it is not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces", it is not enough to find comfort solely in the growing number of female judicial officers if we are unable to secure for them a sensitive work environment and guidance, said the court. The high court has erred in acting agnostic to, inter alia, claims of insubordination of petitioner-Sarita Chaudhary and acute medical and emotional conditions battled by petitioner-Aditi Kumar Sharma, the court added.

After the pronouncement of judgment, Justice B.V. Nagarathna said, "We empathise with them, they lost money, finances and gave them anxiety. You must talk to women judicial officers. We need to be aware of the anxieties and difficulties which women face."  They take tablets, medicines to kill pain on certain days of the month to be able to sit from morning till evening, said the court, adding that this must be realised. There must be some sensitiveness, said the court.  End

Reported by Surya Tripathi

Edited by Ashish Shirke

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